If you sustained an injury in a car accident due to somebody else’s fault you are not automatically guaranteed compensation. You need an Orange County Car Accident Attorney to help prove your case and calculate your damages. The at-fault party’s insurance company will challenge every aspect of your claim so you need an attorney to help you with this. When it comes to car accident claims the following are the common challenges you may encounter:
If the at-fault driver does not have insurance to cover your losses you will have to file an uninsured motorist claim with your insurance provider. Without uninsured motorist insurance your option can be to seek a court judgment against the at-fault motorist. But if you have this coverage you must prepare for a legal fight with your insurance. In addition the same fight can be expected if you file a claim with the insurance company of the at-fault driver.
Car accident cases are often based on negligence. Proving negligence involves showing the at-fault driver owed you a duty of care that they breached this duty and this breach resulted in your accident. Also you should demonstrate that your injuries directly resulted from the accident and you sustained damages because of it. To try to save money the insurance company of the at-fault party may challenge these elements. But your lawyer must counter such efforts with reliable evidence.
Insurance companies will usually challenge the nature and extent of your damages particularly if you sustained soft tissue injuries. These injuries are not visible but there are ways to prove the extent of these injuries. Your attorney will work with other experts such as economists accident reconstruction specialists and financial experts to determine an accurate value of your damages.
If you sustained an injury to the same body part injured in your car accident the insurance company will not provide you with full compensation. For instance if you had surgery for a back injury the insurer will argue that this part of the body is already damaged and that a new injury to this part is not as valuable as their uninjured back. Your attorney must argue the law that applies to this matter.
Insurance providers make money by settling claims for as little money as possible or not paying at all. Because of this, they will do everything they can to challenge the validity of every claim and damage sought. But with an attorney on your side you are less likely to be taken advantage of.